PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH EMPIRE ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
ACCEPTANCE: These Terms of Use (“Terms”) governs your use of Black Girl Beauty Inc. and its subsidiaries and affiliated companies (“Black Girl Beauty Inc.”)’s websites, including www.bgbschoolofcareers.com, www.blackgirlbeautyinc.com, www.blackgirlbeautyarts.com, www.amandasbeautyschools.com, shop.blackgirlbeautyinc.com or www.blackgirlbeauty.org (“Sites”) or use our mobile application (“App”). You automatically agree to these Terms, and Black Girl Beauty’s Privacy Policy , just by using the Services. If you do not agree, please do not use these Services. We may revise these Terms at any time. We’ll post notice of modifications to these terms on this page. Your continued usage of these Services will mean you accept those changes. If you do not agree to the modified terms, please discontinue your use of the Services.
ELIGIBILITY – By visiting the Services and accepting these Terms, you represent and warrant to Black Girl Beauty Inc. and/or affiliates that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. If you are younger than 18 years of age, you understand that a parent/guardian must permit you access/agree to the terms and conditions. You also represent and warrant to Black Girl Beauty Inc. and it’s affiliates that you will use the Services in a manner consistent with any and all applicable laws and regulations.
USE RESTRICTIONS The content on these Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Black Girl Beauty Inc’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Black Girl Beauty or its licensors.
As long as you comply with these Terms, Black Girl Beauty Inc. grants you a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades Black Girl Beauty Inc. implements to replace and/or supplement the original Services, unless the upgrade is accompanied by separate or updated Terms. If you violate any of these Terms, you may no longer use the Contents and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Black Girl Beauty’s written permission, “mirror” any Contents contained in these Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Black Girl Beauty reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
USER SUBMISSIONS The personal information you submit to Black Girl Beauty Inc. and/or it’s affiliate’s is governed by the Black Girl Beauty Inc’s Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (below), Black Girl Beauty Inc. does not claim ownership of any information or material a user provides to Black Girl Beauty Inc. or posts, uploads, input, submits, or transmits to these Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or engage in “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Black Girl Beauty Inc, exposes Black Girl Beauty and/or any of its affiliates, licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Black Girl Beauty Inc. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted–Black Girl Beauty Inc. a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Black Girl Beauty Inc. is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Black Girl Beauty Inc. is not responsible for the consequences of any Submission. Black Girl Beauty Inc. is not responsible for screening or monitoring Submissions made to this Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Black Girl Beauty Inc. may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Black Girl Beauty Inc. will have no liability or responsibility to users for performance or nonperformance of such activities.
Black Girl Beauty Inc. reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Service upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.
SUBMISSION OF IDEAS Black Girl Beauty Inc. policy is to not accept or review unsolicited ideas or suggestions from persons outside Black Girl Beauty Inc. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Black Girl Beauty Inc. through these Services or otherwise shall be the property of Black Girl Beauty Inc., and may be treated by Black Girl Beauty Inc. as non-confidential information. Black Girl Beauty Inc. shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
PROMOTIONS Any and all offers or promotions advertised on these Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
LIABILITY OF BLACK GIRL BEAUTY INC. AND ITS LICENSORS AND PARTNERS
The use of the Services or the Contents is at your own risk. The Contents in this Services could include technical inaccuracies or typographical errors. Black Girl Beauty Inc. may make changes or improvements at any time.
THE CONTENTS IN THIS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACK GIRL BEAUTY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLACK GIRL BEAUTY INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACK GIRL BEAUTY INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLACK GIRL BEAUTY INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACK GIRL BEAUTY INC. ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY BLACK GIRL BEAUTY INC. ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.
YOUR ACCOUNT If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Black Girl Beauty Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Black Girl Beauty Inc. does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Black Girl Beauty Inc. is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Black Girl Beauty Inc. shall have no liability for any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Black Girl Beauty Inc.’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Black Girl Beauty Inc. makes no representations or warranties regarding the content, ownership, or legality of any linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
INDEMNITY You agree to defend, indemnify, and hold Black Girl Beauty Inc., its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms.
MODIFICATION OR SUSPENSION OF THE SERVICES You agree that Black Girl Beauty Inc. may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
APPLICABLE LAWS These Terms are governed in accordance with the laws of Georgia, United States of America , without regard to its conflict of law provisions. You and Black Girl Beauty Inc. hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Atlanta , Georgia for the adjudication or disposition of any claim, action or dispute arising out of these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Black Girl Beauty Inc. makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
COMPLETE AGREEMENT Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Black Girl Beauty Inc. on this Services, these Terms, including Black Girl Beauty Inc. Privacy Policy, constitute the entire agreement between you and Black Girl Beauty Inc. with respect to the use of the Services and Contents.